Brian W. Napper
- Senior Managing Director
- Forensic & Litigation Consulting
- T: +1 415 283 4200
- F: +1 415 293 4497
- 50 California Street
- Suite 1900
- San Francisco, CA, 94111
- United States
- T: +1 415 283 4200
- F: +1 415 293 4496
- B.S., Accounting and Finance, University of California, Berkeley
- Technology Transfer and Commercialization Study Program, University of California- Berkeley
- Intellectual Property Owners Association- Former Member, Damages Theories Committee
- Licensing Executives Society- Former Chair of the Energy, Chemicals and Polymers Committee
- Silicon Valley Campaign for Legal Services Board
- Expert Testimony
- Intellectual Property
- Private Equity Advisory
Brian Napper is a Senior Managing Director at FTI Consulting and is based in San Francisco. He is the disputes leader of international markets and the Global Head of the Intellectual Property practice within the Forensic & Litigation Consulting segment. He was formerly the Global Principal in Charge of Deloitte & Touche’s Intellectual Property Services.
A nationally recognized consultant and expert witness, Mr. Napper’s experience encompasses a wide variety of industries including telecommunications, semiconductor, chemicals, consumer products, life sciences and computers, and numerous high-profile matters and multi-defendant litigations pending in venues throughout the country, e.g., Lucent v. Gateway, Uniloc v. Microsoft, Finisar v. DirecTV, 3Com v. Realtek, Apple v. Motorola and CSIRO v. Toshiba. Mr. Napper’s background is in accounting, finance and economics, and he has a specific, focused understanding of those issues integral to the valuation and management of intellectual property.
Mr. Napper has directed numerous valuation projects related to patents, copyrights, trademarks and trade secrets. He has performed intellectual property audits and consulted with clients regarding the management of their intellectual property assets, focusing on the identification and better utilization of their portfolio of intangible assets. He recently assessed FRAND licensing obligations for a company that was introducing a new cellular and wi-fi based product to the market. A significant portion of his practice is focused on the determination of royalty rates and terms for licensing agreements. Mr. Napper has participated in numerous licensing negotiations including a recent negotiation over a large portfolio of various networking patents.
In the process of assisting clients in the valuation and commercialization of their intellectual property assets, Mr. Napper has critiqued and contributed to the development of business plans, and has performed market studies, defined potential markets, projected market share and evolving competitive influences, and developed future sales and cost estimates.
Mr. Napper has determined reasonable royalty rates within patent infringement suits on many occasions in numerous industries. Over the course of his career, Mr. Napper has reviewed hundreds of license agreements, providing a broad frame of reference for reasonable royalty damages analyses.
Mr. Napper has been a guest lecturer on the topic of Patent Damages at a number of law schools, including Northwestern, NYU School of Law, Catholic University and BYU. He also lectures frequently on such subjects as Fair Reasonable and Non-Discriminatory (FRAND) and Intellectual Property Financing, as well as intellectual property valuation.
Mr. Napper has testified in federal and state court, in arbitration proceedings, and before the International Trade Commission on matters involving intellectual property valuation, lost profits, reasonable royalty and economic damages issues.